ASORA requires sex offenders to register with the Alaska Department of Corrections, the Alaska State Troopers, or local police.
It requires registrants to disclose their names, addresses, places of employment, date of birth, information about their conviction, all aliases used, driver's license numbers, information about the vehicles they have access to, any identifying physical features, anticipated address changes, and information about any psychological treatment received.
Does applying ASORA to “John Doe,” who committed his crime and was convicted and sentenced before ASORA was enacted, violate the ex post facto clause of the Alaska Constitution?
Wendlandt, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and David W. Most of the disclosed information is publicly disseminated and is published by the state on the internet. But ․ state constitutional decisions that lack meaningful rationales for the court's interpretive and doctrinal choices ․ fail to contribute meaningfully to constitutional discourse and may well impede the efficient administration of justice.”).54.
He argues that Alaska's due process and ex post facto clauses, unlike the corresponding federal clauses, are aimed at the legislature and that both clauses are intended to “protect individual liberties from retroactive infringement.” Doe therefore reasons that we should interpret Alaska's ex post facto clause more broadly than the corresponding federal clause. Ed.2d 1109 (1960), which upheld a statute that was enacted for valid regulatory purposes and that was not punitive in effect, we concluded that because the statute's purposes were compensatory rather than punitive it did not violate either the federal or state ex post facto clause. We rejected Coon's argument because the ex post facto prohibition applies only to legislative acts, not to judicial decisions.
He alternatively argues that ASORA is an invalid ex post facto law even if Alaska's ex post facto clause is coextensive with its federal counterpart because ASORA is punitive under the federal standard.
The Alaska Public Safety Commissioner petitioned for certiorari and the United States Supreme Court reversed the Ninth Circuit's decision after concluding that the statute did not violate the federal ex post facto clause.
We concluded in one case that a decision of the Supreme Court addressing an ex post facto challenge to a statute equivalent to the statute then before us “is dispositive of any claim based on the federal constitution, and we see no reason for us to interpret Alaska's constitutional provision differently.” In another, we relied on a Supreme Court opinion in concluding that the challenged statute was compensatory rather than punitive and that it therefore did not violate either the federal or state ex post facto clause.